AB710, s. 399
8Section
399. 66.405 (1), (2), (2m) and (3) (intro.) and (a) of the statutes are
9renumbered 66.1301 (1), (2), (2m) and (3) (intro.) and (a) and amended to read:
AB710,287,1110
66.1301
(1) Short title. Sections
66.405 66.1301 to
66.425 shall be known and 1166.1329 may be
cited and referred to as the "Urban Redevelopment Law".
AB710,289,6
12(2) Finding and declaration of necessity. It is declared that in the cities of the
13state substandard and insanitary areas exist which have resulted from inadequate
14planning, excessive land coverage, lack of proper light, air and open space, defective
15design and arrangement of buildings, lack of proper sanitary facilities, and the
16existence of buildings, which, by reason of age, obsolescence, inadequate or
17outmoded design, or physical deterioration have become economic or social
18liabilities, or both
; that such. These conditions are prevalent in areas where
19substandard, insanitary, outworn or outmoded industrial, commercial or residential
20buildings prevail
; that such. These conditions impair the economic value of large
21areas, infecting them with economic blight, and
that such these areas are
22characterized by depreciated values, impaired investments, and reduced capacity to
23pay taxes
, that such. These conditions are chiefly in areas which are so subdivided
24into small parcels in divided ownerships and frequently with defective titles, that
25their assembly for purposes of clearance, replanning, rehabilitation and
1reconstruction is difficult and costly
; that the. The existence of
such these conditions
2and the failure to clear, replan, rehabilitate or reconstruct these areas results in a
3loss of population by the areas and further deterioration, accompanied by added costs
4to the communities for creation of new public facilities and services elsewhere
; that
5it. It is difficult and uneconomic for individual owners independently to undertake
6to remedy
such these conditions
; that it. It is desirable to encourage owners of
7property or holders of claims
thereon on property in
such these areas to join together
8and with outsiders in corporate groups for the purpose of the clearance, replanning,
9rehabilitation and reconstruction of
such these areas by joint action
; that it. It is
10necessary to create, with proper safeguards, inducements and opportunities for the
11employment of private investment and equity capital in the clearance, replanning,
12rehabilitation and reconstruction of
such these areas
; that such. These conditions
13require the employment of
such capital on an investment rather than a speculative
14basis, allowing however
, the widest latitude in the amortization of any indebtedness
15created
thereby; that such. These conditions further require the acquisition at fair
16prices of adequate areas, the gradual clearance of
such the areas through demolition
17of existing obsolete, inadequate, unsafe and insanitary buildings and the
18redevelopment of
such the areas under proper supervision with appropriate
19planning, land use and construction policies
; that the
. The clearance, replanning,
20rehabilitation and reconstruction of
such these areas on a large scale basis are
21necessary for the public welfare
; that the. The clearance, replanning, reconstruction
22and rehabilitation of
such these areas are public uses and purposes for which private
23property may be acquired
; that such substandard. Substandard and insanitary
24areas constitute a menace to the health, safety, morals, welfare and reasonable
25comfort of the citizens of the state
; that such. These conditions require the aid of
1redevelopment corporations for the purpose of attaining the ends
herein recited
; that
2the in this subsection. The protection and promotion of the health, safety, morals,
3welfare and reasonable comfort of the citizens of the state are matters of public
4concern
; and the necessity. Sections 66.1301 to 66.1329 are in the public interest
for
5the provisions hereinafter enacted is hereby declared as a matter of legislative
6determination.
AB710,289,10
7(2m) Discrimination. Persons
otherwise entitled to any right, benefit, facility
8or privilege under ss.
66.405 66.1301 to
66.425 66.1329 shall not
, with reference
9thereto, be denied them in any manner for any purpose nor be discriminated against
10because of sex, race, color, creed, sexual orientation or national origin.
AB710,289,13
11(3) Definitions. (intro.)
The following terms, as used in In ss.
66.405 66.1301 12to
66.425, shall 66.1329, unless a different intent clearly appears from the context
,
13be construed as follows:
AB710,289,2414
(a) "Area" means a portion of a city which its planning commission finds to be
15substandard or insanitary, so that the clearance, replanning, rehabilitation or
16reconstruction
thereof of that portion is necessary or advisable to effectuate the
17public purposes declared in sub. (2)
; and may include any. "Area" includes buildings
18or improvements not in themselves substandard or insanitary, and
any real property,
19whether improved or unimproved, the inclusion of which is
deemed considered 20necessary for the effective clearance, replanning, reconstruction or rehabilitation of
21the area of which
such the buildings, improvements or real property form a part
; and
22also includes vacant land which is in such proximity to other land or structures
so
23as to impair that the economic value
thereof of the other land or structures is
24impaired.
AB710, s. 400
25Section
400. 66.405 (3) (c) of the statutes is repealed.
Note: Repeals a provision that defines a city to be a city. The provision is
unnecessary.
AB710, s. 401
1Section
401. 66.405 (3) (d) to (s) of the statutes are renumbered 66.1301 (3)
2(d) to (s) and amended to read:
AB710,290,63
66.1301
(3) (d) "Development"
shall mean means a specific work, repair or
4improvement to put into effect a development plan and
shall include includes the real
5property, buildings and improvements owned, constructed, managed or operated by
6a redevelopment corporation.
AB710,290,87
(e) "Development area"
shall mean means that portion of an area to which a
8development plan is applicable.
AB710,290,129
(f) "Development cost"
shall mean means the amount determined by the
10planning commission to be the actual cost of the development
, or of the part
thereof 11of the development for which
such
the determination is made
, and shall include.
12"Development cost" includes, among other costs,
all of the
following:
AB710,290,15
131. The reasonable costs of planning the development, including preliminary
14studies and surveys, neighborhood planning,
and architectural and engineering
15services
, and legal and incorporation expense
, the.
AB710,290,18
162. The actual cost, if any, of alleviating hardship to families occupying dwelling
17accommodations in the development area where
such hardship results from the
18execution of the development plan
, the.
AB710,290,20
193. The reasonable costs of financing the development, including carrying
20charges during construction
, working.
AB710,290,22
214. Working capital in an amount not exceeding
5 per cent 5% of development
22cost
, the.
AB710,291,3
15. The actual cost of the real property included in the development,
the actual
2cost of demolition of existing structures
, the actual cost and of utilities, landscaping
3and roadways
, the.
AB710,291,4
46. The amount of special assessments subsequently paid
, the.
AB710,291,6
57. The actual cost of construction, equipment and furnishing of buildings and
6improvements, including architectural, engineering and builder's fees
, the.
AB710,291,8
78. The actual cost of reconstruction, rehabilitation, remodeling or initial repair
8of existing buildings and improvements
, reasonable.
AB710,291,10
99. Reasonable management costs until the development is ready for use
, and
10the.
AB710,291,15
1110. The actual cost of improving that portion of the development area which is
12to remain as open space, together with
such additions to development cost
as shall 13that equal the actual cost of additions to or changes in the development in accordance
14with the original development plan or after approved changes in or amendments
15thereto to the development plan.
AB710,291,1816
(g) "Development plan"
shall mean means a plan for the redevelopment of all
17or any part of an area, and
shall include includes any amendments
thereto that are 18approved in accordance with the requirements of s.
66.407 66.1305 (1).
AB710,291,2119
(h) "Local governing body"
shall mean the board of alderpersons, means a 20common council, council, commission or other board or body vested by the charter of
21the a city or other law with jurisdiction to adopt or enact ordinances or local laws.
AB710,291,2422
(n) "Mortgage"
shall mean means a mortgage, trust indenture, deed of trust,
23building and loan contract or other instrument creating a lien on real property, and
24the indebtedness secured by each of them.
AB710,292,3
1(o) "Neighborhood unit"
shall mean
means a primarily residential district
2having the facilities necessary for well-rounded family living, such as schools, parks,
3playgrounds, parking areas and local shopping districts.
AB710,292,74
(p) "Planning commission"
shall mean means the official bureau, board,
5commission or agency of
the a city
established under the general city law or under
6a general or special charter and that is authorized to prepare, adopt
and, amend or
7modify a master plan for the development of the city.
AB710,292,138
(q) "Real property"
shall include includes lands, buildings, improvements, land
9under water, waterfront property, and any
and all easements, franchises and
10hereditaments, corporeal or incorporeal, and every estate, interest, privilege,
11easement, franchise and right
therein, or appurtenant thereto in or appurtenant to
12the real property, legal or equitable, including rights-of-way, terms for years and
13liens, charges, or encumbrances by mortgage, judgment or otherwise.
AB710,292,1814
(r) "Redevelopment"
shall mean means the clearance, replanning,
15reconstruction or rehabilitation of an area or part
thereof of an area, and the
16provision of
such industrial, commercial, residential or public structures or spaces
17as may be appropriate, including recreational and other facilities incidental or
18appurtenant
thereto to the structures or spaces.
AB710,292,2019
(s) "Redevelopment corporation"
shall mean means a corporation carrying out
20a redevelopment plan under ss.
66.405 66.1301 to
66.425 66.1329.
AB710, s. 402
21Section
402. 66.406 (title) of the statutes is renumbered 66.1303 (title).
AB710, s. 403
22Section
403. 66.406 (1), (2) and (3) (intro.) and (a) to (g) of the statutes are
23renumbered 66.1303 (1), (2) and (3) (intro.) and (a) to (g) and amended to read:
AB710,293,3
166.1303
(1) A development plan shall contain
such the information
as that the
2planning commission
shall, by rule or regulation require requires, including
all of the
3following:
AB710,293,44
(a) A metes and bounds description of the development area
;.
AB710,293,75
(b) A statement of the real property in the development area fee title to which
6the city proposes to acquire and a statement of the interests to be acquired in any
7other real property by the city
;.
AB710,293,118
(c) A statement of the various stages, if more than one is intended, by which
9the development is proposed to be constructed or undertaken, and the time limit for
10the completion of each stage, together with a metes and bounds description of the real
11property to be included in each stage
;.
AB710,293,1312
(d) A statement of the existing buildings or improvements in the development
13area, to be demolished immediately
, if any;.
AB710,293,1714
(e) A statement of the existing buildings or improvements, in the development
15area not to be demolished immediately
, if any, and the approximate period of time
16during which the demolition
, if any, of each
such building or improvement is to take
17place
;.
AB710,293,2118
(f) A statement of the proposed improvements
, if any, to each building not to
19be demolished immediately, any proposed repairs or alterations to
such the building,
20and the approximate period of time during which
such improvements, repairs or
21alterations are to be made
;.
AB710,293,2522
(g) A statement of the type, number and character of each new industrial,
23commercial, residential or other building or improvement to be erected or made
; and
24a statement of the maximum limitations upon the bulk of
such buildings or
25improvements to be permitted at various stages of the development plan
;.
AB710,294,5
1(h) A statement of those portions
, if any, of the development area which may
2be permitted or will be required to be left as open space, the use to which each
such 3open space is to be put, the period of time each
such open space will be required to
4remain an open space and the manner in which it will be improved and maintained
,
5if at all;.
AB710,294,86
(i) A statement of the proposed changes
, if any, in zoning ordinances or maps,
7necessary or desirable for the development and its protection against blighting
8influences
;.
AB710,294,109
(j) A statement of the proposed changes
, if any, in streets or street levels and
10any of proposed street closings
;.
AB710,294,1511
(k) A statement of the character of the existing dwelling accommodations
, if
12any, in the development area, the approximate number of families residing
therein 13in the development area, together with a schedule of the rentals being paid by them,
14and a schedule of the vacancies in
such the accommodations, together with the rental
15demanded
therefor; for the vacant accommodations.
AB710,294,1916
(L) A statement of the character, approximate number of units, approximate
17rentals and approximate date of availability of the proposed dwelling
18accommodations
, if any, to be furnished during construction and upon completion of
19the development
;.
AB710,294,2220
(m) A statement of the proposed method of financing the development, in
21sufficient detail to evidence the probability that the redevelopment corporation will
22be able to finance or arrange to finance the development
;
.
AB710,294,2523
(n) A statement of persons who it is proposed will be active in or associated with
24the management of the
redevelopment corporation during a period of at least one
25year from the date of the approval of the development plan.
AB710,295,7
1(o)
The development plan, and any application to the planning commission or
2local governing body for approval thereof, may contain in addition such other Other 3statements or material
as may be deemed that are considered relevant by the
4proposer thereof applicant, including suggestions for the clearance, replanning,
5reconstruction or rehabilitation of one or more areas which may be larger than the
6development area but which include it, and any other provisions for
the 7redevelopment
of such area or areas.
AB710,295,10
8(2) No development
shall may be
actually initiated until the adoption of a
9resolution of approval of the development plan
therefor by both the planning
10commission and the local governing body.
AB710,295,12
11(3) (intro.) The planning commission may approve a development plan after a
12public hearing, and shall determine
all of the following:
AB710,295,1813
(a) That the area within which the development area is included is substandard
14or insanitary and that the redevelopment of the development area in accordance with
15the development plan is necessary or advisable to effectuate the public purposes
16declared in s.
66.405 66.1301 (2); if the area is comprised of vacant land it shall be
17established that
such the vacant land impairs the economic value of surrounding
18areas in accordance with the general purposes expressed in s.
66.405 66.1301 (2)
;.
AB710,295,2019
(b) That the development plan is in accord with the master plan
, if any, of the
20city
;.
AB710,296,521
(c) That the development area is not less than 100,000 square feet in area,
22except that it may be smaller in area when undertaken in connection with a public
23improvement
, but in any event if it is of sufficient size to allow its redevelopment in
24an efficient and economically satisfactory manner and to contribute substantially to
25the improvement of the area in which the development is located
; but whenever. If
1the local governing body makes a finding to the effect that an area is in urgent need
2of development, and that
such development will contribute to the progress and
3expansion of an area whose economic growth is vital to the community,
then in such
4instance the development area
shall may not be less than 25,000 square feet subject
5to the requirements of par. (d)
;.
AB710,296,126
(d) That the various stages
, if any, by which the development is proposed to be
7constructed or undertaken, as stated in the development plan, are practicable and
8in the public interest and where the area to be developed consists either of vacant
9land or of substandard or insanitary buildings or structures as provided in s.
66.405 1066.1301 (3) (a), and
such the area is less than 100,000 square feet but more than
1125,000 square feet as provided in par. (c) then the new structures to be constructed
12on
such the vacant land
shall may not be less than 1,000,000 cubic feet
in area;.
AB710,296,1513
(e) That the public facilities
, based on whether the development
be a is 14residential, industrial or commercial
one, are
presently adequate or will be adequate
15at the time that the development is ready for use to serve the development area
;.
AB710,296,1916
(f) That the proposed changes
, if any, in the city map, in zoning ordinances or
17maps and in streets and street levels, or any proposed street closings, are necessary
18or desirable for the development and its protection against blighting influences and
19for the city
as a whole;.
AB710,297,620
(g) Upon data submitted by or on behalf of the redevelopment corporation, or
21upon data otherwise available to the planning commission, that there will be
22available for occupation by families
, if any, then occupying dwelling accommodations
23in the development area legal accommodations at substantially similar rentals in the
24development area or elsewhere in a suitable location in the city, and that
the carrying
25into effect of implementing the development plan will not cause undue hardship to
1such those families. The notice of the public hearing to be held by the planning
2commission prior to
its approval
by it of the development plan shall contain separate
3statements to the effect that before the development plan is approved, the planning
4commission must make the determination required in this paragraph, and that if the
5development plan is approved, real property in the development area is subject to
6condemnation.
AB710, s. 404
7Section
404. 66.406 (3) (h) of the statutes is renumbered 66.1303 (3m) and
8amended to read:
AB710,297,179
66.1303
(3m) Any such A determination
upon approval by the local governing
10body, shall be made under sub. (3) is conclusive evidence of the facts so determined
11except upon proof of fraud or wilful misfeasance. In arriving at
such the 12determination, the planning commission shall consider only those elements of the
13development plan relevant to
such the determination under
pars. (a) to (g) sub. (3) 14and to the type of development which is physically desirable for the development
15area concerned from a city planning viewpoint, and from a neighborhood unit
16viewpoint
, if the development plan provides that the development area is to be
17primarily residential.
AB710, s. 405
18Section
405. 66.406 (4) (intro.), (a) and (b) of the statutes are renumbered
1966.1303 (4) (intro.), (a) and (b), and 66.1303 (4) (intro.), as renumbered, is amended
20to read:
AB710,298,321
66.1303
(4) (intro.) The local governing body, by a two-thirds vote of the
22members elect thereof members-elect, may approve a development plan, but no
23resolution of approval
shall may be adopted by it unless
and until the planning
24commission
shall has first
have approved
thereof the development plan and
there
25has the plan and planning commission determination have been filed with the local
1governing body
the development plan, the determination by the planning
2commission, and unless
and until the local governing body
shall determine 3determines all of the following:
AB710, s. 406
4Section
406. 66.406 (4) (c) of the statutes is renumbered 66.1303 (4m) and
5amended to read:
AB710,298,106
66.1303
(4m) Any such A determination
shall be under sub. (4) is conclusive
7evidence of the facts
so determined except upon proof of fraud or wilful misfeasance.
8In considering whether
or not a resolution of approval of the development plan
shall 9will be adopted, the local governing body shall consider those elements of the
10development plan relevant to
such the determination under
pars. (a) and (b) sub. (4).
AB710, s. 407
11Section
407. 66.406 (5) to (8) of the statutes are renumbered 66.1303 (5) to (8)
12and amended to read:
AB710,298,2213
66.1303
(5) The planning commission and the local governing body, by a
14two-thirds vote of the
members elect thereof members-elect, may approve an
15amendment
or amendments to a development plan,
but no such amendment to a
16development plan which has theretofore been approved by the planning commission
17and the local governing body shall be approved unless and until
if an application
18therefor for the amendment has been filed with the planning commission by the
19redevelopment corporation containing that part of the material required by sub. (1)
20which
shall be is relevant to the proposed amendment
, and
unless and until if the
21planning commission and the local governing body
shall make the determinations
22required by sub. (3) or (4) which
shall be are relevant to the proposed amendment.
AB710,299,4
23(6) The planning commission and the local governing body may, for the
24guidance of prospective proponents of development plans, fix general standards to
25which a development plan shall conform. Variations from
such the standards may
1be allowed for the accomplishment of the purposes of ss.
66.405 66.1301 to
66.425.
2Such 66.1329. The standards may contain provisions more restrictive than those
3imposed by applicable planning, zoning, sanitary and building laws, ordinances and
4regulations.
AB710,299,11
5(7) Local housing authorities organized under ss.
66.40 66.1201 to
66.404 666.1211, redevelopment authorities organized under s.
66.431 66.1333, and
7community development authorities organized under s.
66.4325 66.1335 may render
8such advisory services in connection with the preliminary surveys, studies and
9preparation of a development plan as
may be requested by the city planning
10commission or the local governing body and charge fees for
such advisory services
11based on
the their actual cost
thereof.
AB710,299,17
12(8) Notwithstanding any other provision of law, the local legislative body may
13designate, by ordinance or resolution, the local housing authority, the local
14redevelopment authority, or both jointly, or the local community development
15authority, to perform all acts, except the development of the general plan of the city,
16which are otherwise performed by the planning commission under ss.
66.405 66.1301 17to
66.425 66.1329.
AB710, s. 408
18Section
408. 66.407 of the statutes is renumbered 66.1305, and 66.1305 (1)
19(intro.) and (a) to (h), as renumbered, are amended to read:
AB710,299,2120
66.1305
(1) (intro.) No redevelopment corporation
shall may do any of the
21following:
AB710,299,2422
(a) Undertake any clearance, reconstruction, improvement, alteration or
23construction in connection with any development until the approvals required by s.
2466.406 66.1303 have been made
;.
AB710,300,5
1(b)
Change, alter, amend, add to or depart from Amend the development plan
2until the planning commission and the local governing body have approved that
3portion of
such change, alteration, amendment, addition or departure the
4amendment relevant to the determination required to be made by it as set forth in
5s.
66.406; 66.1303.
AB710,300,106
(c) After a development has been commenced, sell, transfer or assign any real
7property in the development area without first obtaining the consent of the local
8governing body
, which consent. Consent may be withheld only if the sale, transfer
9or assignment is made for the purpose of evading the provisions of ss.
66.405 66.1301 10to
66.425; 66.1329.
AB710,300,1511
(d) Pay
as compensation
for services to
, or enter into contracts for the payment
12of compensation for services to, its officers or employes in an amount greater than
13the limit
thereon contained in the development plan, or
in if a default
thereof of the
14development plan occurs, then in an amount greater than the reasonable value of the
15services performed
or to be performed by
such the officers or employes
;.
AB710,300,1916
(e) Lease an entire building or improvement in the development area to any
17person or corporation without obtaining the approval of the local governing body
18which may be withheld only if the lease is being made for the purpose of evading the
19provisions of ss.
66.405 66.1301 to
66.425; 66.1329.
AB710,300,2120
(f) Mortgage any of its real property without obtaining the approval of the local
21governing body
;.
AB710,300,2322
(g) Make any guarantee without obtaining the approval of the local governing
23body
;.
AB710,301,524
(h) Dissolve without obtaining the approval of the local governing body, which
25may be given upon
such conditions
as said body may deem deemed necessary or
1appropriate to the protection of the interest of the city in the proceeds of the sale of
2the real property as to any property or work turned into the development by the city.
3Such The approval
is to shall be indorsed on the certificate of dissolution and
such 4the certificate
is may not
to be filed in the office of the secretary of state in the absence
5of
such the indorsement
;
.
AB710, s. 409
6Section
409. 66.408 (title) of the statutes is renumbered 66.1307 (title).
AB710, s. 410
7Section
410. 66.408 (1), (2), (3) and (4) of the statutes are renumbered 66.1307
8(1), (2) (a), (3) and (4) and amended to read:
AB710,301,139
66.1307
(1) Application of other corporation laws to redevelopment
10corporations. The provisions of the general corporation law
as presently in effect
11and as hereafter from time to time amended, shall apply to redevelopment
12corporations,
except where such unless the provisions are in conflict with the
13provisions of ss.
66.405 66.1301 to
66.425 66.1329.
AB710,301,16
14(2) (a) No redevelopment corporation
shall may issue stocks, bonds or income
15debentures, except for money or property actually received for the use and lawful
16purposes of the corporation or services actually performed for the corporation.
AB710,301,24
17(3) Determination of development cost. (a) Upon the completion of a
18development a redevelopment corporation shall, or upon the completion of a
19principal part of a development a redevelopment corporation may, file with the
20planning commission an audited statement of the development cost
thereof. Within
21a reasonable time after the filing of
such the statement, the planning commission
22shall determine the development cost applicable to the development or
such portion
23thereof of the development and shall issue to the redevelopment corporation a
24certificate stating the amount
thereof as of the development cost so determined.
AB710,302,9
1(b) A redevelopment corporation may,
at any time, whether prior or subsequent
2to the undertaking of any contract or expense, apply to the planning commission for
3a ruling as to whether any particular item
and amount of cost
therein may be
4included in development cost when finally determined by the planning commission
,
5and the amount thereof. The planning commission shall, within a reasonable time
6after
such the application, render a ruling
thereon, and
in the event that it shall be 7if it is ruled that any item of cost may be included in development cost, the amount
8thereof as so determined of the cost shall be
so included in development cost when
9finally determined.
AB710,302,11
10(4) Regulation of redevelopment corporations. A redevelopment corporation
11shall
do all of the following:
AB710,302,1812
(a) Furnish to the planning commission
from time to time, as required by it, but
13with respect to regular reports not more often than once every 6 months, such 14financial information, statements, audited reports or other material
as such that the 15commission
shall require requires, each of which shall conform to such standards of
16accounting and financial procedure
as that the planning commission
may by general
17regulation
prescribe prescribes, except that the planning commission may not
18require a regular report more often than once every 6 months.
AB710,302,2019
(b) Establish and maintain
such depreciation and other reserves, surplus and
20other accounts
as that the planning commission reasonably requires.
AB710, s. 411
21Section
411. 66.41 (title) of the statutes is repealed.
AB710, s. 412
22Section
412. 66.41 of the statutes is renumbered 66.1307 (2) (b) and amended
23to read: